Spousal Property Petitions
What is a Spousal Property Petition?
A Spousal Property Petition consists of a state-specific form that describes the property in question and why it should pass to the surviving spouse. If a written agreement or supporting will exists, it must be copied and attached to the filled-out form. A local clerk will file these documents and give you a hearing date. At the hearing, a judge will grant or deny the petition.
The process is quite simple, but it is essential not to miss the finer details. You must notify specific people before the hearing occurs and other documents to fill out (such as Form DE-226, California). When the property passes onto you, there are further considerations to heed, such as whether you inherit your spouse’s debts as well. These are best left answered by a legal or estate planning professional.
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Factors That Affect Spousal Property Petitions
If your decedent spouse created a will that named you as the only beneficiary, you can seek to transfer both community and separate property to you.
If you are not the only beneficiary named in the will of your deceased spouse, then your spousal property petition may become more complicated.
When someone passes away with no will, the court will follow California’s intestate succession guidelines to distribute the decedent’s separate property.
Spousal Property Petition Notice of Hearing
Once the form for a Spousal Property Petition is filled out and sent to the clerk, the surviving spouse (or their representative) has up until the last 15 days before the hearing date to notify a few critical individuals through a Notice of Hearing either in person or by mail. These include:
- All the other heirs of the decedent.
-The administrator of the decedent’s estate.
-All persons interested in the estate have asked for Special Notice through Probate Code Section 1250.
-In some cases, the Attorney General of California.
Please call 951.823.5138 or contact our lawyers E-Mail us on to schedule a free initial consultation to discuss filing domestic partner property petitions. We serve clients in Riverside, Los Angeles, Orange County and San Bernardino.